LaMoure

I

INTRODUCTION

This matter arises out of the dissolution of Nathan D. LaMoure’s marriage to Robin LaMoure and the consequential division of assets, including Nathan’s defined benefit pension plan (pension plan). Nathan appeals two orders; (1) a July 23, 2010 order restraining disbursements from Nathan’s pension plan and (2) a December 1, 2010 order granting reconsideration of the court’s October 18, 2010 order, granting Nathan’s claim of exemption and motion to quash orders restraining him from transferring assets from his pension plan.

Nathan contends the trial court erred in ordering restraints on his pension plan assets and denying his claim of exemption, because ERISA 2 preempts state law and prohibits alienation of pension plan assets and benefits. Nathan argues that ERISA’s antialienation provisions prohibit payment of funds from *1467 Nathan’s pension plan to Robin’s attorney for attorney’s fees. Nathan further argues that his pension plan is exempt from levy on the writ of execution, and the trial court erred in issuing the writ of execution upon the custodian of the assets of his pension plan. In addition, Nathan argues there were no new facts or law…